New-York tribune., 1887-12-27
INDIVIDUAL OPINIONS.
THE CRIMINALS BEST FRIEND.
WHY HE LOOKS TO THE LAW OF EVIDENCE WITH |
HOPE AND CONFIDENCE.

HOPE AND CONFIDENCE.
To ne Editor OF The Tribune.
SIR: However much the public may regret the
decision of highest appellate court reversing the
judgment convlcing Jacob sharp II must bow before
the unanimous opinion OF judges whose integrity,
whose eminent ability and great experience render
them unquestoncd cXponcnts to what We designate
or law. Indeed few lawyers be surprised under
the existing conditions of law and the rulcs Of cvl
dencc could have confidently anticipated any other
decision. We only dcplorc that the law cf
evidence stands the conviction of criminals Of
JacOb Sharp's class Is rendered wcll-ngh impossible,
and that tie immunity which has been emphasized
encourages them to resume the wholesale pnndcr ~
city, which has proved a most fruitful mine in the
past and which VIII prove a stlll richer ono in tho
future.
l'ut is thcrc remedy for this, redress to be
obtained We have honorable and intelligent
judiciary We have uncqualcd police organization
our criminals almost invariably apprchcudcd and
brought 10 trial Tho judges do all I'm thcir power
tn secure the enforcement and execution 81 tho laws
Pat they only Interpret the laws they stand
and laws and forms ~ procedure littlc less
Illogical and cumbersome than I'm the Middle Ages
In orr laudac zeal 10 pr0tcct criminals. "" have 50
endowed them with privileges and exceptions, so sur
rounded them with safe guards and immunitics TINT
We have quito forgotten that thr public f. also entitled
10 protection and some PRIVILEGES The technical
and irrational rules Of evidence afford srch an arm'r
of defence that a criminal need only exercise nm
usual and display ordinary Intelligence TO evado
punishment ard escape conviction.
There +, perhaps. no feature of our laws which
Offers many objections, which f. open to 50 many
abuses and which IS often absolutely illogical AMI
irrational our law Of evidence. II + responsible
for ~. t,,crrlr,he DELAYS I'm tho administration ~
'' INV "''''"'"'''' '''"' )" INV
justice, tho inrcS>an dplraS 'ah"-' 'H'"fO'S "'N'"
upon objections and EXCEPTIONS. The ronfIs'on Of Wit
"''' an" '"''''' "' ''''''"7 '.' ""'' ''
scrre AMI di.tou Il. 1he slowly occuiIulatrd con
c.,f, ~ ,,l, ,.l,,h t,rr, thc last, of tle law If
t...., to.,l
i''''' c""''''''' "'' "' '.' ""''
more that Is bad so lnrranod and lpi ra'pr'' as TO
form most mon,fror. obstacle TO tho rrotcr admin
Niraiion Of justice. In the techn.c~H''' '.~'iV'"
the te>trlc ions imposed, me main fa'; not evidences
is 10 elicit truth Is appH.'h'N '"'' "-"' 'l' 1T"
ih'fn should be- som" rules j. obvious hnt 'hat '"F
'hou'd he suurldci ard coadcu,0d dictated by
c.r,,,oo scr.o. rs ttov arc I'm Ill aror CIVILIZED
,,.'',.n. o,..', ra..,,,, 49, ,..' ,,..,,1s Tncrc
,...,.,,, ,rto ,,
n..-inlty of evidence ~ Tho weight ~ cvld' nee
All fla, ,l,ys lt.i ,,,, ti, c,. sho IA n, included
~" '"' '"'"", '''' 'i''
ln ii' hi~t 10 he HciciHurd bN ia' jung ann - y"
the vt .ht of tine dcucc. whether direct, crcun
,,nti,l o. Lc,r.ac il. uroucrlv subject for the con
''''ra''"n "i ih" jury.
~ an example oi rae ha'i"Nhe'' V' INC '"'' W
g., -.,.. ,,t.,t g., ,..,.,.l, ar,,i.n. to e,.r, c.-l
, ,... .,rt c'i f,,, f.,'. he ct., of ~lato +, a
t-', - . s,,,,..,,n ,''. w.. reversed v.a. tie
sdr',.on IN evidence - sharp, testimony before ti'
.r con,il.l,on anI tended To- incrm.n,ie himself
,.I t,.s contrary alike fo tho constitutional pro-
vision and section 20 OF tho Irnd cob lho 'e.i.
,,t,,r, - , frc. and rrobably frac corfr,,on tTho
,.'ty - c,r.pIl~nn ,e,u, vcr, remote. T. IS d.h
clit 70 20 designate ne mrr' ro.,ihIuy-uot rv~n
,..,,.I ,tf,f.I Emo f.r cDffrrtff of court